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Industry Observers Rain Criticism On Transport Canada

The government's oversight of Canadian aviation has come under intense scrutiny this week, as the concerns of industry critics and whistleblowers were aired in the media. Two investigative reports dealt body blows to the repeated reassurances about safety that have been given by Transport Canada and by Transport Minister John Baird.

"Whistleblower protection under the federal legislation is a joke and everybody knows it. I would be crucified by the federal government and I'd never get employment anywhere... My life would be ripped apart." – A Transport Canada inspector who has complained internally about air safety violations, right up to the Prime Minister, but is too frightened to speak out publicly.

"We cannot say anything about the issues surrounding this event except what is on the public record" – Sam Garito's union representative explains why the security inspector can say virtually nothing on camera. Garito's diligence as an inspector exposed the ineffectiveness of baggage screening in Pearson airport. He was charged with weapons offences and had to spend his savings on legal fees to prove his innocence. His settlement with the government includes a gag order so that he can say nothing about what actually happened.

"I'm the minister at Treasury Board who brought in whistleblower protection. You know.. the buck stops here… we do everything we reasonably can to keep airports safe." – Transport Minister John Baird, who told the senate in 2006 that his legislation was the "Mount Everest" of whistleblower protection. See David Hutton's comment on why Mr. Baird has no reason to boast about this.

The Walrus

The second blow was a 9-page exposé in the Walrus, which lays out clearly the story of how the government, apparently in an attempt to save money and avoid liability, has progressively handed over its oversight responsibilities to industry. The author, Carol Shaben, has good reason to be interested in air safety: her father, cabinet minister Larry Shaben was one of three survivors of a 1984 plane crash that killed six people, including Alberta NDP leader Grant Notley.

Some memorable quotes:

"This is an absolute fabrication"– Justice Virgil Moshansky, the internationally-respected aviation authority, commenting on Transport Canada's claim that its implementation of Safety Management Systems (SMS) adds "another layer of safety". Moshansky, a long-time pilot himself, is the judge who conducted an extensive public inquiry into Canada's aviation system following the 1989 crash of an Air Ontario jet near Dryden, Ontario. His landmark 1,712-page report called for numerous changes and vaulted Canada into the forefront of air safety: a position which he believes has since been severe eroded.

"I run into burning buildings now, and I think my new career is much safer" – former air-taxi-service pilot Erik Vogel, reflecting on his new career as a firefighter. Vogel, a rookie pilot at the time, was pressured into flying into dangerous weather conditions in an aircraft with serious known defects, leading to a crash that killed six passengers. Vogel believed that he had to fly or lose his job: thirty-three pilots had quit or been fired by his employer during the previous year.

"Transport Canada lied to Parliament" – Hugh Danford, a former safety inspector, commenting on Transport Canada's claim that a $690,000 report commissioned from consulting firm DMR was a comprehensive review of the department's safety oversight program, which had been found to be wanting. In other words, Transport Canada misled lawmakers by telling them that it was addressing the known problems in its oversight system.

Federal Accountability Initiative for Reform (FAIR) promotes integrity and accountability within government by empowering employees to speak out without fear of reprisal when they encounter wrongdoing. Our aim is to support legislation and management practices that will provide effective protection for whistleblowers and hence occupational free speech in the workplace. FAIR is a registered Canadian charity.